WEST PALM BEACH, Fla. (AP) — An appeals court is considering dismissing a manslaughter charge against a Florida deputy who fatally shot a black man carrying an air rifle.
Oral arguments were scheduled for Tuesday before the 4th District Court of Appeal by prosecutors and the attorney for Broward Sheriff’s Office Deputy Peter Peraza. A circuit judge last year threw out the manslaughter charge against Peraza under Florida’s “stand your ground” self-defense law.
Prosecutors say the judge’s ruling was in error and that a jury should hear the case.
Peraza faced a potential 30-year prison sentence for fatally shooting 33-year-old Jermaine McBean in 2013 after 911 callers reported a man carrying a rifle down a busy street. Peraza is a white Latino.
A ruling by the appeals court is likely weeks or months away.